Democracy, Torah-style

One of the hottest political topics nowadays in America and Israel is what exactly the jurisdiction or authority of the courts is. When has the executive branch (Israel - PM, America: President) overreached, usurping another branch's authority? What sanctions are there when it's gone too far. 

Given that the Torah Portion, Shoftim - not to be confused with the Book of Judges - talks about the limits of the authority of all three branches, and clearly delineates the import and relevancy of the Sanhedrin, the high court, be it in Jerusalem, or elsewhere, I'd like to take a minute to describe how "business" was conducted there. 

Let's take an example: opening grape juice bottles (no, not the Kedem ones with plastic covers) but rather, the old-fashioned ones with metal caps pressed on instantaneously and folded over the very sides of the top of the bottle. On this question, i.e. whether or not it's permissible to open them on Shabbat (before Shabbat, of course it's permissible, and even advisable), there are two fiercely opposed camps. Let's name two of the parties to the discussion. Rabbi Ovadia of blessed memory ruled it permissible, Rav Shlomo Zalman Auerbach Z"L said you'd be put to death for it. 

Let's create somewhat of a fantastic situation. 

Rabbi Shlomo Zalman's stance on the matter was well-known. Everyone in his whole neighborhood, Sha'arei Chesed, and beyond, knew that if you were going to have a catered event on his homecourt, "The Grah Shul," you had better make sure those bottles be opened before Shabbat. Rav Ovadia's students knew it wasn't a problem, week in and week out they opened those very same bottles in the Friday night class, and the next morning, at the kiddush after davening. 

But, lo and behold, comes the big drasha - or sermon - before Pesach, the Shabbat Ha'Gadol Drasha, and plastered outside of "The Grah Shul," and all over Sha'arei Chesed is a sign in capital, bold letters.

Shabbat Ha'Gadol Drasha

Topic: 

Opening Bottles on Shabbat

People pass by, and mutter to themselves: "Again? We've been through this a million times!"

But, when they show up at the drasha, each table is bedecked with multiple glass grape juice bottles, of all different flavors, sponsored by Kedem: Peach, and Raspberry, Blush Grape, Gold Grape, Fabrengen Grape (there is such a thing - just looked it up!) and of course, Kedem Organic Grape Juice. 

And then, Rabbi Shlomo Zalman starts the drasha. His gabbai, or shamash - assistant - calls for quiet. It takes a minute, quiet ensues, until you can hear a pin drop, and Rabbi Shlomo Zalman, in majestic, almost choreographed fashion, stands up, not uttering a word, opens the bottle at the dais, pours a full glass of Fabrengen Grape Juice, Limited Edition, and says, "Baruch Attah Hashem, Elokeinu Melech Ha'olam, Boreh Pri Ha'gafen." Mouths agape, grape juice goes flying. 

"Order, Order in the Beis Medrash!!!" The Gabbai yells, but the murmurs don't subside. They think the Rabbi's LOST HIS MIND. 

And again, after a few moments' time, quiet ensues. 

Rabbi Auerbach clears his throat and says: "I would like you to know" - and whilst saying this, reaches for another bottle, and starts opening it! - "that the halacha is that you ARE allowed to open glass bottles with metal caps on Shabbat."

"This week, the question had come to a fore and went before the Sanhedrin Ha'Gadol, the High Jewish Court, on the Temple Mount in Jerusalem, and a majority ruling was made that it's perfectly permissible to open the said bottles on Shabbat. 

I personally think that it's forbidden, and always have (and he pours himself another cup, opening the Raspberry for good measure), and hope that one day you - pointing to his top students in the 1st row - become part of the Sanhedrin and overturn this errant ruling, but I would like to reiterate that the halacha is, you are perfectly allowed, in every sense of the word, to open bottles on Shabbat."

Now, it so happens that one of the members of the Sanhedrin, a fierce opponent of bottle-opening, just passed away, and the Gadol Hador, the greatest mind of the generation, another anti-bottle proponent  couldn't sit on the Sanhedrin anymore because he lost vision in one eye due to glaucoma, and the second most learned person in the generation, as fierce as they come when it comes to forbidding any twist, or turn, of any metal cap whatsoever - even with a non-Jew, even with a shinui - happens to have a brother already on the Sanhedrin, so he's out too, and before you knew it, when the numbers stacked up, the pro-openers eked out a slim majority, and the ruling changed from one extreme to the next!

For, once something goes to the Sanhedrin Ha'Gadol in Jerusalem, and is ruled upon, the matter is closed. Call it democracy in its purest form, or majority rule. Whatever you may say, that's how Judaism works. Handicap, having a close relation already on the high court, or other extenuating circumstances, whatever they may be, lead to a change in rule - and practice, that's incontrovertible. 

So Le'chayim! But for now, ask your local Orthodox rabbi, because unfortunately we don't have a Sanhedrin now and so we can't really know whether you should be opening metal-topped bottles on Shabbat.

DISCLAIMER: This author does not, I repeat, does not open bottles on Shabbat and any attempt to insinuate otherwise would constitute no less than libel, and baseless slander. 

Shabbat shalom!